Nursing License Defense

EXPERIENCED DEFENSE ATTORNEY PROTECTING AND ENFORCING YOUR RIGHTS BEFORE THE BOARD OF REGISTERED NURSING

A Nursing career is a challenging but rewarding profession. As a nurse, a nurse practitioner, an advanced practice nurse, or a licensed vocational nurse you have dedicated your life to helping care for others, so when a claim of misconduct arises, it is especially painful to face allegations and charges that might prevent you from performing the job you love.  At the Irmer Law Office, we are experienced Nursing License Defense Attorneys who understand the steps necessary to protect your license and allow you to continue working in your chosen profession.  If you have been contacted by an Investigator, received an Accusation, or have been denied a License please contact us today at (619) 237-6130, to better understand your rights and options.

At the Law Office of Nicole Irmer, we can assist you with understanding the following issues that may impact your nursing license:

  • Chemical Dependency & Allegations of Chemical Use
  • The Board’s Diversion Program
  • Criminal Conviction and History deemed “substantially related” to qualifications of a Nurse
  • Unprofessional Conduct
  • Standards of Care Issues
  • Gross Negligence, repeated acts of Negligence and/or Incompetence
  • The Board of Registered Nursing’s Disciplinary Process
  • The Board of Vocational Nursing and Psychiatric Technician’s Disciplinary Process

California Board Of Registered Nursing

The California Board of Registered Nursing (BRN) prides itself on being a tough and vigorous agency taking the public’s protection to heart. Often times discipline is severe if the Nurse is found to be in violation of the Nursing Practice Act. The following are possible resolutions of a Board disciplinary matter:

  • Revocation or Suspend the Nurses License
  • Surrender of the license (Revoking, voluntary surrendering, or suspending a license prohibits the nurse from practicing)
  • A stipulated settlement
  • Probation
  • Public Reprimand
  • Citation and Fine

California Board Of Vocational Nursing And Psychiatric Technicians

Just as the Board of Registered Nursing, the Board of Vocational Nursing and Psychiatric Technician (BVNPT), too, prides itself on protecting public safety. To this end, the BVNPT ensures that only qualified persons are licensed vocational nurses and psychiatric technicians by enforcing education requirements, standards of practice and by educating consumers of their rights. The BVNPT enforces the same disciplinary actions and sanctions as the BRN.

Nursing Board’s Disciplinary Actions

A Nurses license can come under discipline at various stages of the licensing process, or they can be denied a license based upon a complaint, an ethical violation, or criminal conviction.

Nursing License Attorney Representing you during the Investigation Phase

The Board may initiate an Investigation into a Nurse’s license for many reasons including sustaining a criminal arrest and/or conviction, or a complaint by a doctor, hospital, patient, or even an anonymous complaint. If you receive a letter, email, or phone call from an Investigator, please contact our office at (619) 237-6130 immediately, because there is a potential to resolve you matter during the investigation stage of your matter. If a case is resolved during the Investigative Phase of a Board’s Action, the allegations against your license will not be published to the Board’s Website.

Legal Representation during the Accusation Phase with the Nursing Board

If your matter is not resolved during the Investigation stage, or you were never notified that there was an investigation into your license, the Board may file a Formal Accusation against your license. The Accusation will request that your license be revoked, and will state the reasons your license is under discipline. When you receive this document, you have a very limited window in which you must reply or your case goes into Default. After you receive the Accusation, you need an experienced attorney on your side.

Our office has represented hundreds of Nursing Professionals, we pride ourselves in representing our clients holistically and demonstrating to the Board that our Nurses are stellar care-givers, they are amazing at their job, and thus they should not be judged solely by either a lapse in judgment leading to a criminal arrest and/or conviction or by an unfounded allegation.

At the Law Office of Nicole Irmer, we represent our Nurses with a comprehensive two prong approach.

  • We artfully negotiate with the Attorney General’s Office in an attempt to secure an Agreement that is amenable to our Clients
  • While at the same time we aggressively prepare for a Contested Hearing if necessary

Defending Your License at a Contested Hearing

If your matter is not resolved during the Accusation Phase there will be a Contested Hearing before the Office of Administrative Hearings. Although the hearing is technically reported to be an “informal hearing,” it is not. There is a courtroom, there is an Administrative Law Judge, there are legal rules of evidence, and there is an Attorney from the Board with many years of experience. Nicole Irmer has fifteen years of experience defending clients in Court, not only before the Office of Administrative Hearings but also before both the California Superior Court and the United States Federal Court.

At the Law Office of Nicole Irmer, we will fight for you, and protect your rights to the fullest extent.

Defending Your License upon Arrest and/or Conviction of a Criminal Offense

Although not clearly stated on their website, the Board of Registered Nursing has made it clear that Registered Nurses must disclose that they have been convicted of an offense within thirty days. If a nurse fails to disclose, they could face further discipline with the BRN for Unprofessional Conduct. It is important to seek representation early in the process to attempt to litigate the matter with the Board before a formal Accusation is filed, and the conviction is made public via the Boards website and Breeze. To learn more about how our office can assist you in this process, please click here.

Nurse Diversion: To enroll or not to enroll

As an “alternative” to the Disciplinary Hearings, the Board may offer a Nurse Diversion. The Diversion program is a voluntary program for Nurses, whose ability to function as a Nurse may be impaired by substance use or by mental illness. Deciding to enroll in Diversion is a huge decision. The Diversion program is long, expensive, and demanding. For some nurses, Diversion is a great way to gain sobriety and fully commit to living a clean and healthy lifestyle. For other Nurses, however, they find that Diversion is unproductive. If you are unsuccessful while in Diversion, there can be harsh consequences including a referral for License Discipline. Therefore, if you are offered Diversion, by the Board, you need an experienced attorney to help you consider all of your legal options, and to explain the potential benefits and consequences of enrolling in the Board’s Diversion Program.

Denial of a California Nursing License- Filing an Appeal

If you applied for a Nursing License, and your Application has been denied you still have many rights and options, including sitting for the NCLEX examination. Immediately after you receive your Denial, you should contact our office to help you navigate your way through the Board’s confusing processes. On your behalf our office will file your Denial Appeal and begin negotiations with the Board. If and when the Statement of Issues is filed, an experienced attorney will walk you through the process, continue zealously negotiating on your behalf, prepare mitigating documentation, and, if necessary, aggressively litigate your matter before the Office of Administrative Hearings.

At the Law Office of Nicole Irmer, we have helped many Nurse Applicants, who have successfully completed the grueling demands of nursing school, achieve their Nursing License. Attorney Nicole Irmer wholeheartedly believes that one mistake prior to applying for your Nursing License should not completely halt one’s desire to enter into the nursing profession. She has successfully advocated on behalf of nursing applicants and has helped them begin their successful and meaningful career as a Nurse.

Nicole Irmer: A Nursing License Defense Attorney Working For You

Nicole Irmer has represented countless Nurses during all phases of the disciplinary process. You may think that you can challenge an Investigation or Accusation on your own, or that if you ignore it, then it will go away.  But your matter will not go away by itself, and although it may seem easy to defend yourself, you are risking your livelihood, career, and financial security. The Board’s Investigator or Attorney may imply this is an informal process but it is not! The Board’s representatives have decades of experience on their side; you need an experienced and skilled attorney fighting for you.

At the Law Office of Nicole Irmer, we can evaluate the best course of action for your circumstances and take a proactive, zealous, and understanding approach to any issues that may threaten your license.  If you are under Investigation, have been denied a License, recently arrested or convicted of a criminal violation, received a letter from the Board, or have a formal Accusation filed against you contact us immediately at (619) 237-6130.