Our office represented a Licensed Vocational Nurse who sustained a conviction of misdemeanor violation of resisting arrest. It was the LVN’s second conviction and the LVN had prior discipline by the Board of Vocational Nurses and Psychological Technicians (BVNPT). Our office was contacted to submit a disclosure to the Board after the conviction.
Pursuant to Title 16 of California Code of Regulations Section 2518.8(d), all individuals licensed by the BVNPT are required to disclose his/her convictions within 30 days. On the LVN’s behalf, our office submitted an early disclosure of the conviction.
As outlined by the California Board of Vocational Nursing and Psychiatric Technicians, a conviction of an offense is “substantially related” to the practice of a Vocational Nurse is deemed unprofessional conduct and subject to discipline pursuant to Business and Professions Code Section 2878(f). The Board of Vocational Nursing and Psychiatric Technician’s interprets the term “substantially related” broadly and includes misdemeanor convictions of resisting arrest, obstruction of justice, and disturbing the peace.
Our office submitted the disclosure along with significant mitigation that outlined the circumstances surrounding the incident leading to the arrest and steps taken by the LVN to move forward and remain accountable. The matter has closed and the Board did not pursue any disciplinary action.
If you have recently been arrested for, and/or suffered a criminal conviction, contact our office.
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